35
160.
The IACHR observes that in the framework of the instant case, the State has not provided
a consistent explanation of the way in which Peceros Pedraza and Meléndez Cueva were killed. Similarly,
based on the evidence in the case file, it is reasonable to believe that Peceros Pedraza and Meléndez
Cueva were neutralized by military agents, begged for their lives, and nonetheless were extrajudicially
killed, receiving multiple bullet wounds to vital parts of their bodies that were intended to eliminate them.
161.
In light of the foregoing, and of the evaluation of all of the evidence, the Commission
considers that the Peruvian State is responsible for having extrajudicially executed Eduardo Nicolás Cruz
Sánchez, Víctor Salomón Peceros Pedraza and Herma Luz Meléndez Cuevas, and it therefore concludes
that the State violated Article 4(1) of the American Convention, in relation to Article 1(1) of that
instrument, to their detriment.
3.
168
The right to due process guarantees and judicial protection (Articles 8(1)
and
169
25(1) of the American Convention on Human Rights, in relation to Article 1(1) of
that instrument
162.
The Commission recalls that it is a basic principle of law concerning the international
liability of the State, established in International Human Rights Law, that every State is internationally
liable for acts or omissions by any of its branches or agencies in violation of the internationally recognized
170
rights, pursuant to Article 1(1) of the American Convention.
Articles 8 and 25 of the Convention
establish the scope of the afore-mentioned principle in connection with the acts and omissions of the
171
domestic judicial authorities.
163.
The Commission notes that while the obligation to investigate is an obligation of means
and not results, that obligation
[…] must be assumed by the State as its own juridical duty and not as a simple formality
condemned beforehand to be fruitless, or as a simple action of individual interests, which depends
on the procedural initiative of the victims or their next of kin, or on the private contribution of
172
evidentiary elements.
164.
In the instant case, the petitioners contend that, although more than thirteen years have
transpired since the events, the deaths of Edgar Nicolás Cruz Sánchez, Víctor Salomón Peceros Pedraza
and Herma Luz Meléndez Cueva, the State has failed to conduct an effective, impartial and serious
investigation. In this regard, they asserted, inter alia, that Peru did not open an ex officio investigation into
the events, applied the military jurisdiction, failed to preserve evidentiary material, did not provide access
168
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
169
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal
for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in the course of their official duties.
170
Inter-Am. Ct. H.R., Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 172, Inter-Am.
Ct. H.R., Case of Baldeón García v. Peru. Judgment of April 6, 2006. Series C No. 147, para. 140; Inter-Am. Ct. H.R., Case of the
Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, paras. 111 and 112; and Inter-Am. Ct. H.R.,
Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 108.
171
Inter-Am. Ct. H.R., Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 173, Inter-Am.
Ct. H.R., Case of Baldeón García v. Peru. Judgment of April 6, 2006. Series C No. 147, para. 141; Inter-Am. Ct. H.R., Case of
López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, para. 28; and Inter-Am. Ct. H.R., Case of Herrera
Ulloa v. Costa Rica. Judgment of July 2, 2004. Series C No. 107, para. 109.
172
Inter-Am. Ct. H.R., Case of the Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006. Series C No.
160, para. 255; Inter-Am. Ct. H.R., Case of Vargas Areco v. Paraguay. Judgment of September 26, 2006. Series C No. 155, para.
75; Inter-Am. Ct. H.R., Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C No. 148, para. 131; and
Inter-Am. Ct. H.R., Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140,, para. 120.